DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL
RECORD
S
NAVY
ANNEX
2
WASHINGTON DC 20370.510
0
MEH:ddj
Docket No: 7533-02
19 November 2002
This is in reference to your application for correction of your deceased spouse
pursuant to the provisions of title 10 of the United States Code, section 1552.
’s naval record
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 19 November 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures applicable
to the proceedings of this Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support thereof, your spouse
’s naval
record and applicable statutes, regulations and policies.
In addition, the Board considered the
advisory opinion furnished by NPC memorandum of 21 October 2002, a copy of which is
attached.
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. In this connection, the Board substantially concurred with the comments contained in
the advisory opinion. Accordingly, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken.
You are entitled to have the Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
to keep in mind that a presumption of regularity attaches to all official records.
when applying for a correction of an official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or injustice.
In this regard, it is important
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 380550000
Y
’
,t.-
21
Ott 02
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Assistant for BCNR Matters (PERS-OOZCB)
Via:
Subj:
Ref:
(a) BCNR Pay
memo of 20 Sep 02
Per reference (a),
1.
CPO Roberts'
Benefit Plan (SBP).
recommend the BCNR not correct
record to reflect that he enrolled in the Survivor
2.
The recommendation is based on the following:
ransferred to the Fleet Reserve on
He did not enroll in the Retired Serviceman's
Family Protection Plan (RSFPP) at that time.
3 February 1985.
He died
b.
The RSFPP was a voluntary, contributory program, which
required participants to contribute a small portion of their
retired pay.
This program was replaced by the SBP.
Additionally,
The first was during the widely publicized
had two opportunities to enroll in the SBP
t.
C .
after h
initial Open Enrollment period of 21 September 1972 to
20 September 1973.
during the 1 0
Unfortunately,
opportunities.
(RAS) each tim
least one annually which identified him as a non-participant in
the SBP,
Additionally,
which was provided to
regarding the
to 30 September 1982 open season.
did not take advantage of these
s received a Retiree Account Statement
a change in his retired pay and at
yet he took no action to enroll his spouse.
(the Navy quarterly newsletter)
he had one other opportunity
"Shift Colors"
SBP open season enrollment
periods.
outinely contained information
3.
There are no other provisions under federal law that permit
payment of an SBP annuity to the spouse of deceased retiree who
is not enrolled in this plan.
Program Manager
Survivor Benefit Plan
Retired Activities and GI Bill
Programs Branch (PERS-664)
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